Joint Authorship and Dramatic Works: A Critical History

Dramatic works have played a central role in the evolution of joint authorship doctrine copyright law. Ironically, genre that began as highly collaborative enterprise has since become focal point for increasingly narrow interpretations authorship. Indeed, origins today’s problematic standard can best be understood through lens dramatic writing, most leading cases on involved disputes over plays.
 The Anglo-American theater tradition is rooted sixteenth-century England. explosive growth professional sixteenth and early seventeenth centuries took place at time when collaboration was ubiquitous, even among some famous playwrights. As industry changed, however, cultural preference romantic hold. In followed, involving had major impact development concepts relating to continued play an outsized under Copyright Act 1976. By this time, were largely forgotten judicial bias favor led courts disregard statutory language judicially-imposed tests designed defeat claims authors.
 This Article examines law pertaining finds much core legal area arose from works. fresh look theatrical collaborations reveals rich history calls into question modern presumption writing product individual genius. Examining law’s response offers valuable insight multiple related authorship—in particular, rules governing derivative works, made hire, It also demonstrates jurisprudence playwriting develop unduly interpretation authorship.
 Part I ubiquity Elizabethan traces its decline during English Civil Wars (1642–51) Restoration, accompanied by contemporaneous shift toward sole fueled concept author. II American nineteenth century. III addresses shaping federal courts’ attempts resolve competing 1909 absence clear legislative guidance distinguishing hire. IV restrictive 1976 specific context reluctance, many cases, extend those other categories V suggests persistent influence collaborations, draws contrast with contemporary refusal embrace trend, concluding solitary conflicts not only statutes, but well.